TOWARD A SOUND SENTENCING STRUCTURE AND POLICY INDONESIA'S EXPERIENCES (FROM UNAFEI RESOURCE MATERIAL SERIES N 12, 1976, BY YOSHIO SUZUKI)

• NCJ Number: 45384
• Author(s): H SOSROPRANOTO
• Date Published: 1976
• Length: 5 pages
• Corporate Author: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Sale Source: National Institute of Justice/
• Language: English
• Country: United Nations
• Note: PRESENTED AT THE 42ND SEMINAR COURSE ON THE FORMATION OF A SOUND SENTENCING STRUCTURE AND POLICY, FEBRUARY 24 TO MARCH 27, 1976

Annotation

THE DUALITY OF CRIMINAL LAW IN INDONESIA CAUSED BY THE DUTCH CRIMINAL CODE AND THE NATIVE INDONESIAN ADAT LAW, SENTENCING MEASURES UNDER THE CRIMINAL CODE, AND THE PROBLEM OF SENTENCING DISPARITY ARE EXAMINED.

Abstract

THE CRIMINAL CODE INSTITUTED BY THE DUTCH COLONIAL ADMINISTRATION ORIGINALLY CAME INTO FORCE IN 1918, AND AFTER SEVERAL ALTERATIONS, THE CRIMINAL CODE AS STATED IN 1942 IS STILL IN FORCE. THE ADAT LAW DIFFERS DETENTION, AND FINE. SUPPLEMENTAL PENALTIES INCLUDE AND PENALTIES. EXAMPLES CITED INCLUDE THE OFFENSE OF ADULTERY, VERY BROADLY DEFINED UNDER THE ADAT LAW, AND THAT OF BIGAMY, WHICH IS NOT A CRIME UNDER ADAT LAW BUT IS PUNISHABLE UNDER THE CRIMINAL CODE. THE ADAT LAW WAS HEAVILY CURTAILED BY DUTCH ORDINANCES IN 1932 AND 1938, AND SINCE THE INDEPENDENCE OF THE REPUBLIC OF INDONESIA WAS PROCLAIMED, SEVERAL ACTS HAVE SIMPLIFIED THE JUDICATURE SYSTEM. SENTENCING MEASURES PROVIDED FOR BY THE CRIMINAL CODE ARE THE DEATH PENALTY, IMPRISONMENT, DETENTION, AND FINE. SUPPLEMENTRY PENALTIES INCLUDE THE DEPRIVATION OF SOME SPECIAL RIGHTS, THE CONFISCATION OF SOME SPECIAL GOODS, AND THE PUBLICATION OF THE SENTENCE. EXAMPLES AND DESCRIPTIONS OF EACH ARE PRESENTED. DISPARITY IN SENTENCING IS TRACED TO THE DISCRETION OF THE JUDGE AND THE DIFFERENT ESTIMATION OF SOME CRIMES IN THE VARIOUS REGIONS OF INDONESIA, WHICH MAY BE ATTRIBUTED TO THE DIFFERENCE IN THE SUBCULTURES. ATTEMPTS TO DECREASE SENTENCING DISPARITY ARE OUTLINED. (DS)